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MATTER OF PULVERMACHER

280 A.D. 575 (1952)

In the Matter of the Probate of The Will of Robert Pulvermacher, Deceased. Isidore Pech et al., Appellants; Phyllis Altman et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 14, 1952.

Attorney(s) appearing for the Case

H. I. Harris of counsel (Samuel L. Zuckerman, attorney), for Isidore Pech, appellant.

Irving M. Maron of counsel (Edward B. Schulkind, attorney), for Helen Marcin, also known as Helen Marczin, appellant.

Abraham Zemlock for Esther Feinberg, respondent.

Bertram H. Siegeltuch of counsel (Walter M. Weisberg, attorney), for Phyllis Altman and Morton Raskin, respondents.

DORE, J. P., CALLAHAN and BREITEL, JJ., concur with VAN VOORHIS, J.; COHN, J., dissents and votes to affirm, in opinion.

VAN VOORHIS, J.

The question upon this appeal is whether a paper, entirely in the handwriting of Robert Pulvermacher, deceased, should be admitted to probate as a testamentary instrument. He had previously executed a more formal will. The paper now offered for probate was not prepared by a lawyer, and is addressed "To My Executors of My last Will & Testament & To Whom it May Concern". It contains no general...

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